I485 dependand question

M

mwee

Registered Users (C)
Hi All,

I have a question need your help.

Here is my situation:
Both My wife and I are working for the same company with almost the same pay. We filed I485 in May, 2002 using me as the primary applicant and she as a dependant.

My question :

If I get laid off and she still keep her job, is it possible for her AOS to get approved? Or she has to start all over again?

Thank you all!

mwee

WAC-02-193-5XXXX
RD 5/23/02
FP 7/10/02
waiting
 
You are the Primary, So need to hold Job !!

Since you are the primary and wife dependant, your wife job category does not have any nearing on the 485 application. The Labor Certification and I140 have your job as the basis for approval and does not even consider if your wife has a job or not. So it is important for you to keep yourself in job (Since it is more than 6 months from your case number) you could use AC21 to move into another similar job and keep continuing with the process.

The other option if the unwanted happens, and you want to surely base the application for your wife, the current employer could revoke your 140 and then use the underlying Labor certification for your wife as an amended 140 petition. For this her job classification as well as all her qualifications have to match with yours one to one for all.

But I think it will be good if you could continue with your application process either with the current employer or with a new employer through AC21 if it is inevitable.
 
Dear gruha,

Thank you very much for the answer. I will find out if I get the package in one month. Also, I heard about AC21 alot, but not sure where to start. Is it a complicated process? could you point me to a place where I can get some info?

Good luck to you and all the people who are waiting,

mwee
 
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